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CONSOLIDATED RULES OF PRACTICE.
All or any perties liable on one con tract may be joined.
Rule 303. RULE 303.- The plaintiff may, at his option, join as
parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes: Judicature Act, Rule 93. Same as English Rule 1875, 0. 16, r. 5, (1883, R. 128).
By R. S. 0. 1877, c. 50, s. 134, it was provided that all the parties to a bill or note might be joined in one action, but by section 135 the non-joinder of any joint drawer, maker, indorser, or acceptor might be pleaded in abatement.
By the present rule it is optional with the plaintiff in actions on bills and notes, as well as in actions on any other contract, to proceed against any one or more of the parties jointly or severally liable. See re Arcedeckne, Atkins v. Arcedeckne, 24 Ch. D. 709; Murray v. Gillett, 18 C. L. J. 78; but one of such parties if sued alone is entitled to have his co-contractors joined; Pilley v. Rubinson, 20 Q. B. D. 155.
Under Chancery General Order 62, a plaintiff might select one or more of several persons liable. Under the corresponding English Con. Order (VII, R. 2), it was held in Smith v. Horsfall, 24 Beav. 331, that if the plaintiff chose to sue all or some of them, and the suit became defective or abated by reason of a transmission of the interest of one of them, he could not afterwards proceed against the other. This gloss on the Order was described as highly technical : Gray v. Lewis, L. R. 8 Chy. 1035, 1052, and will not be imported by analogy into the present Rules Lloyd v. Dimmack, 7 Ch. D. 398. In the latter case two of five defendants became bankrupt, and it was held that the action
might proceed against the other three without bringing the Rule 303. trustees of the bankrupts before the Court. For other restrictions upon the application of Chy. G. 0. 62, see Lewin, 6th Ed. 807. See also Wilson v. Rhodes, 8 Ch. D. 777. (Holmested & Langton, Jud. Act, p. 321).
Plaintiff sought in one action to get judgment upon two overdue promissory notes, and to obtain execution for this claim and a previously recovered judgment against two separate pieces of land conveyed by the maker of the notes to the two other defendants separately. Held, that these causes of action might be joined: Heaton v. McKellar, 13 Ont. P. R. 81 (1889). See also Chaput v. Robert, 14 Ont. A. R. at p. 362 (1887).
As to the nature of the liability between the holders, acceptors and indorsers of bills, see Duncan v. N. & S. W. Bank, 6 App. Cas. at p. 11 (1880).
CIVIL CODE OF LOWER CANADA.
BOOK IV.-COMMERCIAL LAW.
TITLE I.—OF BILLS OF EXCHANGE, NOTES AND
C. C. 2279.
Came into force August 1st, 1866; repealed September 1st, 1890, by the Bills of Exchange Act, s. 95, and second Schedule, except Articles 2341 and 2342 relating to evidence.
BILLS OF EXCHANGE.
Of the nature and requisites of bills of exchange.
ARTICLE 2279. A bill of exchange is a written order by one person to another for the payment of money absolutely and at all events.-Pothier, Change, n. 3; 2 Pardessus, n. 330—-; Smith's Merc. Law, 207-9; Bayley on Bills, 1; Story, B. E. n. 52, 53; 3 Kent, Com. 74; Coté v. Lemieux, 9 L. C. R. 221.
2280. It is essential to a bill of exchange—That it be in writing and contain the signature or name of the drawer; That it be for the payment of a specific sum of money only;
- That it be payable at all events without any condition.Author. under a. 2279.
2281. The parties to a bill of exchange at the time of C. C. 2281. making it are the drawer of the bill and the payee.-The drawee becomes a party by acceptance and is then called the acceptor.-Indorsers, warrantors upon the face of the bill, the person requested to pay au besoin who accepts, acceptors supra protest and holders also become parties. -Domat, 1. 1, c. 16, s. 4; Poth. Ch, n. 17-27; 1 Nouguier, L. C. 148,9; Bay. B.c. 1, § 2—; Sto. B. E. n. 35, 36, 254, 5.
2282. A bill of exchange may be made payable either to à certain person by name or other sufficient indication, or to such person or his order, or to the order of the drawer or to bearer.-If the name of the payee be left in blank the legal holder of the bill may fill up the blank.-Poth. Ch. n. 31, 223, 4; 1 Savary, P. N. 201; 1 Nou. L. C. 148; Roscoe, B. 2, 22; Sto. B. E. n. 54-57; C. S. L. C. c. 64, s. 3; 0. 1673, t. 5, a. 1; C. Co. 110.
2283. If no time be specified in the bill for its payment, it is held to be payable on demand; if no place be specified, it is payable generally.-C. S.L.C. c. 64, s. 9; C. S. C. c. 57, s. 4.
2284. Foreign bills of exchange are usually drawn in sets of several parts, all of which the drawer is bound to deliver to the payee.—Poth. Ch. n. 37, 130; 2 Par. n. 342; 1 Chit. & H. 3; Bay. B. 30; Sto. B. E. n. 66; C. Co. 110.
2285. When a bill contaias the words "value received," value for the amount of it is presumed to have been received on the bill and upon the indorsements thereon. The omission of these words does not render the bill invalid.-Poth. Ch. n. 34; 0. 1673, t. 5, a. 1; C. S. L. C. c. 57, s. 4; Duchesnay, vs. Evarts, 2 Rev. 31; Hart v. Macpherson, Gir. L. C. 66; 8 L. C. R. Larocque & al, v. Franklin Bank, 328; Bay. B. c. 1, 14, p. 40; Sto. B. E. n. 63; C. 989; C. Co. 110, 137.
C. C. 2286.
Of the negotiation of bills of exchange. 2286. Bills of exchange payable to order are transferred by indorsement, which may be either in full or in blank. When indorsed in blank, they become transferable by delivery. Bills payable to bearer are transferable by delivery either with or without indorsement.C. S. L. C. c. 64, s. 3.
2287. The transfer of a bill by indorsement may be made either before or after it becomes due. In the former case the holder acquires a perfect title free from all liabilities and objections which any parties may have had against it in the hands of the indorser; in the latter case the bill' is subject to such liabilities and objections, in the same manner as if it were in the bands of the previous holder.-Poth. Ch. n. 141; 2 Par. 352; Sto, B. E. n. 220; Bay. B. 162, 3; Wood, et al. vs. Shaw, 3 L. C. J. 175.
2288. An indorsement may be restrictive, qualified or conditional, and the rights of the holder under such indorsement are regulated accordingly.—But no indorsement other than that by the payee can stop the negotiability of the bill.–Bay. B. 126; Sto. B. E. n. 217; 3 Kt. Com, 90; 2 Par. n. 348; Chit. & H. 17.
2289. The holder may, at his option, strike out the last indorsement, although it be in full, and any prior indorsement in blank subsequent to that of the payee.--- Ros. B. 285; 3 Kt. Com. 89; Sto. B. E. n. 208.
Of acceptance. 2290. Bills of exchange payable at sight, or at a certain period of time after sight or after demand, must be presented for acceptance. The presentment is made by the